Jobs and Growth Act, 2012

A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 implements certain income tax measures and related measures proposed in the March 29, 2012 budget. Most notably, it
(a) amends the rules relating to Registered Disability Savings Plans (RDSPs) by
(i) replacing the 10-year repayment rule applying to withdrawals with a proportional repayment rule,
(ii) allowing investment income earned in a Registered Education Savings Plan (RESP) to be transferred on a tax-free basis to the RESP beneficiary’s RDSP,
(iii) extending the period that RDSPs of beneficiaries who cease to qualify for the Disability Tax Credit may remain open in certain circumstances,
(iv) amending the rules relating to maximum and minimum withdrawals, and
(v) amending certain RDSP administrative rules;
(b) includes an employer’s contributions to a group sickness or accident insurance plan in an employee’s income in certain circumstances;
(c) amends the rules applicable to retirement compensation arrangements;
(d) amends the rules applicable to Employees Profit Sharing Plans;
(e) expands the eligibility for the accelerated capital cost allowance for clean energy generation equipment to include a broader range of bioenergy equipment;
(f) phases out the Corporate Mineral Exploration and Development Tax Credit;
(g) phases out the Atlantic Investment Tax Credit for activities related to the oil and gas and mining sectors;
(h) provides that qualified property for the purposes of the Atlantic Investment Tax Credit will include certain electricity generation equipment and clean energy generation equipment used primarily in an eligible activity;
(i) amends the Scientific Research and Experimental Development (SR&ED) investment tax credit by
(i) reducing the general SR&ED investment tax credit rate from 20% to 15%,
(ii) reducing the prescribed proxy amount, which taxpayers use to claim SR&ED overhead expenditures, from 65% to 55% of the salaries and wages of employees who are engaged in SR&ED activities,
(iii) removing the profit element from arm’s length third-party contracts for the purpose of the calculation of SR&ED tax credits, and
(iv) removing capital from the base of eligible expenditures for the purpose of the calculation of SR&ED tax incentives;
(j) introduces rules to prevent the avoidance of corporate income tax through the use of partnerships to convert income gains into capital gains;
(k) clarifies that transfer pricing secondary adjustments are treated as dividends for the purposes of withholding tax imposed under Part XIII of the Income Tax Act;
(l) amends the thin capitalization rules by
(i) reducing the debt-to-equity ratio from 2:1 to 1.5:1,
(ii) extending the scope of the thin capitalization rules to debts of partnerships of which a Canadian-resident corporation is a member,
(iii) treating disallowed interest expense under the thin capitalization rules as dividends for the purposes of withholding tax imposed under Part XIII of the Income Tax Act, and
(iv) preventing double taxation in certain circumstances when a Canadian resident corporation borrows money from its controlled foreign affiliate;
(m) imposes, in certain circumstances, withholding tax under Part XIII of the Income Tax Act when a foreign-based multinational corporation transfers a foreign affiliate to its Canadian subsidiary, while preserving the ability of the Canadian subsidiary to undertake expansion of its Canadian business; and
(n) phases out the Overseas Employment Tax Credit.
Part 1 also implements other selected income tax measures. Most notably, it introduces tax rules to accommodate Pooled Registered Pension Plans and provides that income received from a retirement compensation arrangement is eligible for pension income splitting in certain circumstances.
Part 2 amends the Excise Tax Act and the Jobs and Economic Growth Act to implement rules applicable to the financial services sector in respect of the goods and services tax and harmonized sales tax (GST/HST). They include rules that allow certain financial institutions to obtain pre-approval from the Minister of National Revenue of methods used to determine their liability in respect of the provincial component of the HST, that require certain financial institutions to have fiscal years that are calendar years, that require group registration of financial institutions in certain cases and that provide for changes to a rebate of the provincial component of the HST to certain financial institutions that render services to clients that are outside the HST provinces. This Part also confirms the authority under which certain GST/HST regulations relating to financial institutions are made.
Part 3 amends the Federal-Provincial Fiscal Arrangements Act to provide the legislative authority to share with provinces and territories taxes in respect of specified investment flow-through (SIFT) entities — trusts or partnerships — under section 122.1 and Part IX.1 of the Income Tax Act, consistent with the federal government’s proposal on the introduction of those taxes. It also provides the legislative authority to share with provinces and territories the tax on excess EPSP amounts imposed under Part XI.4 of the Income Tax Act, consistent with the measures proposed in the March 29, 2012 budget. It also allows the Minister of Finance to request from the Minister of National Revenue information that is necessary for the administration of the sharing of taxes with the provinces and territories.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Jobs and Economic Growth Act as a result of amendments introduced in the Jobs, Growth and Long-term Prosperity Act to allow certain public sector investment pools to directly invest in a federally regulated financial institution.
Division 2 of Part 4 amends the Canada Shipping Act, 2001 to permit the incorporation by reference into regulations of all Canadian modifications to an international convention or industry standard that are also incorporated by reference into the regulations, by means of a mechanism similar to that used by many other maritime nations. It also provides for third parties acting on the Minister of Transport’s behalf to set fees for certain services that they provide in accordance with an agreement with that Minister.
Division 3 of Part 4 amends the Canada Deposit Insurance Corporation Act to, among other things, provide for a limited, automatic stay in respect of certain eligible financial contracts when a bridge institution is established. It also amends the Payment Clearing and Settlement Act to facilitate central clearing of standardized over-the-counter derivatives.
Division 4 of Part 4 amends the Fisheries Act to amend the prohibition against obstructing the passage of fish and to provide that certain amounts are to be paid into the Environmental Damages Fund. It also amends the Jobs, Growth and Long-term Prosperity Act to amend the definition of Aboriginal fishery and another prohibition relating to the passage of fish. Finally, it provides transitional provisions relating to authorizations issued under the Fisheries Act before certain amendments to that Act come into force.
Division 5 of Part 4 enacts the Bridge To Strengthen Trade Act, which excludes the application of certain Acts to the construction of a bridge that spans the Detroit River and other works and to their initial operator. That Act also establishes ancillary measures. It also amends the International Bridges and Tunnels Act.
Division 6 of Part 4 amends Schedule I to the Bretton Woods and Related Agreements Act to reflect changes made to the Articles of Agreement of the International Monetary Fund as a result of the 2010 Quota and Governance Reforms. The amendments pertain to the rules and regulations of the Fund’s Executive Board and complete the updating of that Act to reflect those reforms.
Division 7 of Part 4 amends the Canada Pension Plan to implement the results of the 2010-12 triennial review, most notably, to clarify that contributions for certain benefits must be made during the contributory period, to clarify how certain deductions are to be determined for the purpose of calculating average monthly pensionable earnings, to determine the minimum qualifying period for certain late applicants for a disability pension and to enhance the authority of the Review Tribunal and the Pension Appeals Board. It also amends the Department of Human Resources and Skills Development Act to enhance the authority of the Social Security Tribunal.
Division 8 of Part 4 amends the Indian Act to modify the voting and approval procedures in relation to proposed land designations.
Division 9 of Part 4 amends the Judges Act to implement the Government of Canada’s response to the report of the fourth Judicial Compensation and Benefits Commission regarding salary and benefits for federally appointed judges. It also amends that Act to shorten the period in which the Government of Canada must respond to a report of the Commission.
Division 10 of Part 4 amends the Canada Labour Code to
(a) simplify the calculation of holiday pay;
(b) set out the timelines for making certain complaints under Part III of that Act and the circumstances in which an inspector may suspend or reject such complaints;
(c) set limits on the period that may be covered by payment orders; and
(d) provide for a review mechanism for payment orders and notices of unfounded complaint.
Division 11 of Part 4 amends the Merchant Seamen Compensation Act to transfer the powers and duties of the Merchant Seamen Compensation Board to the Minister of Labour and to repeal provisions that are related to the Board. It also makes consequential amendments to other Acts.
Division 12 of Part 4 amends the Customs Act to strengthen and streamline procedures related to arrivals in Canada, to clarify the obligations of owners or operators of international transport installations to maintain port of entry facilities and to allow the Minister of Public Safety and Emergency Preparedness to require prescribed information about any person who is or is expected to be on board a conveyance.
Division 13 of Part 4 amends the Hazardous Materials Information Review Act to transfer the powers and functions of the Hazardous Materials Information Review Commission to the Minister of Health and to repeal provisions of that Act that are related to the Commission. It also makes consequential amendments to other Acts.
Division 14 of Part 4 amends the Agreement on Internal Trade Implementation Act to reflect changes made to Chapter 17 of the Agreement on Internal Trade. It provides primarily for the enforceability of orders to pay tariff costs and monetary penalties made under Chapter 17. It also repeals subsection 28(3) of the Crown Liability and Proceedings Act.
Division 15 of Part 4 amends the Employment Insurance Act to provide a temporary measure to refund a portion of employer premiums for small businesses. An employer whose premiums were $10,000 or less in 2011 will be refunded the increase in 2012 premiums over those paid in 2011, to a maximum of $1,000.
Division 16 of Part 4 amends the Immigration and Refugee Protection Act to provide for an electronic travel authorization and to provide that the User Fees Act does not apply to a fee for the provision of services in relation to an application for an electronic travel authorization.
Division 17 of Part 4 amends the Canada Mortgage and Housing Corporation Act to remove the age limit for persons from outside the federal public administration being appointed or continuing as President or as a director of the Corporation.
Division 18 of Part 4 amends the Navigable Waters Protection Act to limit that Act’s application to works in certain navigable waters that are set out in its schedule. It also amends that Act so that it can be deemed to apply to certain works in other navigable waters, with the approval of the Minister of Transport. In particular, it amends that Act to provide for an assessment process for certain works and to provide that works that are assessed as likely to substantially interfere with navigation require the Minister’s approval. It also amends that Act to provide for administrative monetary penalties and additional offences. Finally, it makes consequential and related amendments to other Acts.
Division 19 of Part 4 amends the Canada Grain Act to
(a) combine terminal elevators and transfer elevators into a single class of elevators called terminal elevators;
(b) replace the requirement that the operator of a licensed terminal elevator receiving grain cause that grain to be officially weighed and officially inspected by a requirement that the operator either weigh and inspect that grain or cause that grain to be weighed and inspected by a third party;
(c) provide for recourse if an operator does not weigh or inspect the grain, or cause it to be weighed or inspected;
(d) repeal the grain appeal tribunals;
(e) repeal the requirement for weigh-overs; and
(f) provide the Canadian Grain Commission with the power to make regulations or orders with respect to weighing and inspecting grain and the security that is to be obtained and maintained by licensees.
It also amends An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to Repeal the Grain Futures Act as well as other Acts, and includes transitional provisions.
Division 20 of Part 4 amends the International Interests in Mobile Equipment (aircraft equipment) Act and other Acts to modify the manner in which certain international obligations are implemented.
Division 21 of Part 4 makes technical amendments to the Canadian Environmental Assessment Act, 2012 and amends one of its transitional provisions to make that Act applicable to designated projects, as defined in that Act, for which an environmental assessment would have been required under the former Act.
Division 22 of Part 4 provides for the temporary suspension of the Canada Employment Insurance Financing Board Act and the dissolution of the Canada Employment Insurance Financing Board. Consequently, it enacts an interim Employment Insurance premium rate-setting regime under the Employment Insurance Act and makes amendments to the Canada Employment Insurance Financing Board Act, the Department of Human Resources and Skills Development Act, the Jobs, Growth and Long-term Prosperity Act and Schedule III to the Financial Administration Act.
Division 23 of Part 4 amends the Canadian Forces Superannuation Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act and makes consequential amendments to other Acts.
The Canadian Forces Superannuation Act is amended to change the limitations that apply in respect of the contribution rates at which contributors are required to pay as a result of amendments to the Public Service Superannuation Act.
The Public Service Superannuation Act is amended to provide that contributors pay no more than 50% of the current service cost of the pension plan. In addition, the pensionable age is raised from 60 to 65 in relation to persons who become contributors on or after January 1, 2013.
The Royal Canadian Mounted Police Superannuation Act is amended to change the limitations that apply in respect of the contribution rates at which contributors are required to pay as a result of amendments to the Public Service Superannuation Act.
Division 24 of Part 4 amends the Canada Revenue Agency Act to make section 112 of the Public Service Labour Relations Act applicable to the Canada Revenue Agency. That section makes entering into a collective agreement subject to the Governor in Council’s approval. The Division also amends the Canada Revenue Agency Act to require that the Agency have its negotiating mandate approved by the President of the Treasury Board and to require that it consult the President of the Treasury Board before determining certain other terms and conditions of employment for its employees.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-45s:

C-45 (2023) Law An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act
C-45 (2017) Law Cannabis Act
C-45 (2014) Law Appropriation Act No. 4, 2014-15
C-45 (2010) Law Appropriation Act No. 3, 2010-2011

Votes

Dec. 5, 2012 Passed That the Bill be now read a third time and do pass.
Dec. 4, 2012 Passed That Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Schedule 1.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 515.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 464.
Dec. 4, 2012 Failed That Bill C-45, in Clause 437, be amended by deleting lines 25 to 34 on page 341.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 433.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 425.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 411.
Dec. 4, 2012 Failed That Bill C-45, in Clause 369, be amended by replacing lines 37 and 38 on page 313 with the following: “terminal elevator shall submit grain received into the elevator for an official weighing, in a manner authorized by the”
Dec. 4, 2012 Failed That Bill C-45, in Clause 362, be amended by replacing line 16 on page 310 with the following: “provide a security, in the form of a bond, for the purpose of”
Dec. 4, 2012 Failed That Bill C-45, in Clause 358, be amended by replacing line 8 on page 309 with the following: “reinspection of the grain, to the grain appeal tribunal for the Division or the chief grain”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 351.
Dec. 4, 2012 Failed That Bill C-45, in Clause 317, be amended by adding after line 22 on page 277 the following: “(7) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following: (2) For the purposes of this Act, when considering if a decision is in the public interest, the Minister shall take into account, as primary consideration, whether it would protect the public right of navigation, including the exercise, safeguard and promotion of that right.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 316.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 315.
Dec. 4, 2012 Failed That Bill C-45, in Clause 313, be amended by deleting lines 15 to 24 on page 274.
Dec. 4, 2012 Failed That Bill C-45, in Clause 308, be amended by replacing line 29 on page 272 with the following: “national in respect of whom there is reason to believe that he or she poses a specific and credible security threat must, before entering Canada, apply”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 308.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 307.
Dec. 4, 2012 Failed That Bill C-45, in Clause 302, be amended by replacing lines 4 to 8 on page 271 with the following: “9. (1) Except in instances where a province is pursuing any of the legitimate objectives referred to in Article 404 of the Agreement, namely public security and safety, public order, protection of human, animal or plant life or health, protection of the environment, consumer protection, protection of the health, safety and well-being of workers, and affirmative action programs for disadvantaged groups, the Governor in Council may, by order, for the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect in respect of a province under Article 1709 of the Agreement, do any”
Dec. 4, 2012 Failed That Bill C-45, in Clause 279, be amended (a) by replacing line 3 on page 265 with the following: “47. (1) The Minister may, following public consultation, designate any” (b) by replacing lines 8 to 15 on page 265 with the following: “specified in this Act, exercise the powers and perform the”
Dec. 4, 2012 Failed That Bill C-45, in Clause 274, be amended by adding after line 38 on page 262 the following: “(3) The council shall, within four months after the end of each year, submit to the Minister a report on the activities of the council during that year. (4) The Minister shall cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives it. (5) The Minister shall send a copy of the report to the lieutenant governor of each province immediately after a copy of the report is last laid before either House. (6) For the purpose of this section, “sitting day” means a day on which either House of Parliament sits.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 269.
Dec. 4, 2012 Failed That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following: “12.2 Within six months after the day on which regulations made under subsection 12.1(8) come into force, the impact of section 12.1 and those regulations on privacy rights must be assessed and reported to each House of Parliament.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following: “(9) For greater certainty, any prescribed information given to the Agency in relation to any persons on board or expected to be on board a conveyance shall be subject to the Privacy Act.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 264.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 233.
Dec. 4, 2012 Failed That Bill C-45, in Clause 223, be amended by deleting lines 16 to 26 on page 239.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 219.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 206.
Dec. 4, 2012 Failed That Bill C-45, in Clause 179, be amended by adding after line 17 on page 208 the following: “(3) The exemption set out in subsection (1) applies if the person who proposes the construction of the bridge, parkway or any related work establishes, in relation to any work, undertaking or activity for the purpose of that construction, that the construction will not present a risk of net negative environmental impact.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 179, be amended by adding after line 7 on page 208 the following: “(3) The exemptions set out in subsection (1) apply if the person who proposes the construction of the bridge, parkway or any related work establishes, in relation to any work, undertaking or activity for the purpose of the construction of the bridge, parkway or any related work, that the work, undertaking or activity ( a) will not impede navigation; ( b) will not cause destruction of fish or harmful alteration, disruption or destruction of fish habitat within the meaning of the Fisheries Act; and ( c) will not jeopardize the survival or recovery of a species listed in the Species at Risk Act.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 179.
Dec. 4, 2012 Failed That Bill C-45, in Clause 175, be amended by replacing lines 23 to 27 on page 204 with the following: “or any of its members in accordance with any treaty or land claims agreement or, consistent with inherent Aboriginal right, harvested by an Aboriginal organization or any of its members for traditional uses, including for food, social or ceremonial purposes;”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 173.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 166.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 156.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 99.
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by replacing line 22 on page 38 to line 11 on page 39 with the following: “scribed offshore region, and that is acquired after March 28, 2012, 10%.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by deleting line 14 on page 38 to line 11 on page 39.
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by replacing line 17 on page 35 with the following: “( a.1) 19% of the amount by which the”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 3.
Dec. 4, 2012 Failed That Bill C-45, in Clause 62, be amended by replacing line 26 on page 134 with the following: “( b) 65% multiplied by the proportion that”
Dec. 4, 2012 Failed That Bill C-45, in Clause 9, be amended by replacing line 3 on page 15 with the following: “before 2020, or”
Dec. 4, 2012 Failed That Bill C-45, in Clause 9, be amended by deleting lines 12 and 13 on page 14.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 1.
Dec. 3, 2012 Passed That, in relation to Bill C-45, a second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than five further hours shall be allotted to the consideration at report stage and one sitting day shall be allotted to the third reading stage of the said Bill; and at the expiry of the time provided for the consideration at report stage and at fifteen minutes before the expiry of the time provided for government business on the day allotted to the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Oct. 30, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Oct. 25, 2012 Passed That, in relation to Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than four further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the fourth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:15 p.m.

Conservative

Shelly Glover Conservative Saint Boniface, MB

Mr. Speaker, absolutely the Kingfisher Lake is protected. This government supports the Environmental Assessment Act, which protects those lakes, and we continue to move forward on a number of other environmental measures.

Let us talk about what that member did in committee. The member should answer these questions. When given an opportunity to put forward amendments on tax loopholes to actually ensure that Canadians paid their fair share, that there were no elite Canadians who would get away with paying less than is fair, the member put forward amendments to leave tax loopholes open. They included amendments like the avoidance of tax through the use of partnerships, or ensuring there was more integrity and fairness in thin capitalization rules, transfer pricing secondary adjustments, foreign affiliate dumping. Those are measures that we need to close those tax loopholes. That member ought to be ashamed that he made amendments to take those out, leaving tax loopholes open for other Canadians to abuse.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:15 p.m.

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, I am pleased to rise today to speak to this important piece of legislation.

I first want to talk about a couple of things that build on the accomplishments that we have made as a government with our economic agenda.

First, I will mention the 820,000 net new jobs created since 2009. There is strong jobs growth in this country. Also, Canada's economy has expanded for nine of the ten past quarters. This is a great track record, one of the best in the G7. Indeed, Canada's unemployment rate is well below that of the United States. I cannot stress enough how significant that is. This is the first time this has happened in more than three decades, and we continue to see a lower unemployment rate here in Canada than the United States. That is absolutely a direct benefit of the policies of this government and, of course, the economic action plan.

The list goes on and on. Forbes magazine has ranked Canada and the number one place in the world for businesses to grow and create jobs. What will that do? Getting an award like that will lead to more direct investment in Canada, leading to a stronger economy and more jobs for Canadians.

Canada has one of the strongest fiscal positions in the G7. Fitch Ratings, Moody's and Standard and Poor's have all renewed Canada's rock-solid AAA credit rating. Again, this is a direct result of Canada's economic action plan. Furthermore, Canada has taken its place among the top five countries with the most economic freedom, according to a new Fraser Institute report. We are now leaps and bounds ahead of the United States.

These things all clearly show that our government is on the right track with our economic policies. We will continue to expand the economy and grow jobs. The amazing thing is that all of these accomplishments have been achieved without a carbon tax, and we will make sure there is not a $21 billion carbon tax to derail our progress.

I want to talk about some of the highlights, some of the important things that would be implemented. We are talking about extending the hiring credit for small business up to $1,000 to encourage additional hiring. That will also lower business payroll taxes by an amazing $205 million. The amazing thing about that is that it has helped 536,000 employers across Canada. We should think about that, because it benefits a huge number of small businesses, which we all know, especially on the Conservative side of the House, are the ones that drive the economy and are benefiting from this policy.

There is $110 million for the National Research Council to increase support through the industrial research assistance program and industrial technology advisers. Investing in technology will move our economy forward.

There is also $95 million over three years and $40 million per year in ongoing funding to make the Canada innovation commercialization project permanent. This is a very important initiative. We have to move these technological advancements to commercialization so we can continue to be successful, not only here in Canada but of course also in the ever competitive global economic market.

There is also $14 million to expand the industrial research and development internship program, which will place more Ph.D. students in practical business internships. That will benefit our businesses.

Talking about another wonderful program, we have extended the accelerated capital cost allowance for manufacturers to purchase processing machinery and equipment. I have heard directly from businesses in my riding how important that is. It allows them to invest in new machinery and equipment and quickly write off the cost of purchasing it, thereby improving productivity and making our businesses more productive. Enhancing the productivity of our businesses is very important and will spur economic growth.

We have also increased the lifetime capital gains exemption, which allows capital gains on qualifying small business shares to be realized tax free. We have increased that from $500,000 to $750,000. This is the first increase since 1988. We think that overtaxing capital gains is not a good idea.

I want to talk about clean energy and the economy, because that is important as well. We are investing $97 million to develop and promote clean energy technologies. There is $1 billion for priorities such as green energy generation, transmission infrastructure, carbon transmission and storage infrastructure. We also have $1 billion allocated to support pulp and paper mills to reduce greenhouse gas emissions. Moreover, there is $1 billion in support of clean energy research and development demonstration projects, and $252 million in support of regulatory activities to address climate change and air quality. The list goes on and on. In short, our government has made significant investments in the clean energy economy.

I also want to talk about the amendments to land designation. This a very important piece of the legislation. We on the Conservative side of the House believe that we have to allow our first nation communities to move at the speed of business. They have to be able to engage in land transactions to be able to spur their economies.

One of the most powerful things that we have in Canada is an ability to leverage our land and to be able to use that for financing and development. We want to help first nations do that.

We are doing a couple of things here. First of all, we are going to reduce the voting threshold to a simple majority vote when dealing with land designations, as opposed to the majority of the majority. Why is that important? It is going to speed up the process of approving land designations on reserve. The current process can take one to two years, with two votes spanning four to six months. It is going to reduce the cost of doing business with first nations, as well as reduce the expenses in the designation process.

Some may criticize this, but a majority vote is currently sufficient to elect the chief and council of a first nation, to accept multi-million dollar out-of-court settlements and accept a settlement of a specific claim with a value of between $3 million and $7 million. If a majority vote is good enough for those kinds of things, a majority vote is good enough for a land designation.

The second aspect of that is the removal of the Governor in Council requirement for approval. Section 39 of the Indian Act requires that the Governor in Council approve land designations. Given that lands do not lose their reserve status, this level of authorization, we believe, is counterproductive to Canada's efforts to support economic development on reserve.

By allowing the Minister of Aboriginal Affairs and Northern Development to authorize the land designation, this will reduce the time required for land designations, thereby reducing costs for economic development on reserve and spurring the development of these local economies.

We are also amending the Navigable Waters Protection Act. It is one of the oldest pieces of legislation, dating back to 1882, a time when our waterways were the primary transportation routes. This act's main purpose was to facilitate trade and commerce by balancing the efficient movement of maritime traffic with the need to construct works, bridges, et cetera. Over time, the scope of this act has increased significantly as a result of many factors. The act now applies to all waters in Canada. Imagine that. It even applies to a temporary creek from a spring runoff but that then dries up within a month or two. It triggers a review under the act. That is not the purpose of this act. It is a hindrance to economic development.

The vast majority of our waterways will still continue to be protected by Transport Canada's marine safety laws, the Fisheries Act, the Canadian Environmental Assessment Act and various provincial statutes. We are going to continue to protect our waterways but also make amendments to allow business to move faster and things to move more quickly.

This is a great piece of legislation, and I am hopeful that the members on that side of the House will see the light and not continue to propose amendments, like changing the implementation date 365 times, which has no purpose. They should vote for this bill and vote for the economy, and let us move forward.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:25 p.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank my hon. colleague for his speech.

I would point out to the member that it was one of the richest corporations listed in Forbes magazine that unfortunately emptied out most of the pension fund that belonged to the workers at the Stadacona plant in Quebec City.

I would like to come back to a subject that is no less amusing. In 1994, the Prime Minister criticized the Liberal government of the day for introducing an omnibus bill. I must admit that, as hard as I tried, I could not come up with anything better than his own words. He said:

I just regret that we are proceeding with this omnibus approach to legislation...because it lumps in things we support and things we do not support....This bill will ultimately go to only one committee of the House, a committee that will inevitably lack the breadth of expertise required for consideration of a bill of this scope.

Beyond the schemes to try to justify the so-called studies in other committees, how can my colleague keep a straight face while defending the government's decision to introduce such a huge omnibus bill that is impossible to study?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:25 p.m.

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, this is where we are at: They are going to argue about process because they know that this piece of legislation will be an excellent thing for Canadians and the Canadian economy. All they have left is to attack the process. That tells us exactly how good this piece of legislation is.

If the member wants to talk about what the leaders of parties have said, what does the leader of his party say? He says they are going to impose a $21 billion carbon tax and generate billions of dollars from the program. That is not what we are going to do.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:30 p.m.

Kamloops—Thompson—Cariboo B.C.

Conservative

Cathy McLeod ConservativeParliamentary Secretary to the Minister of National Revenue

Mr. Speaker, I would like to thank my hon. colleague from Etobicoke--Lakeshore for his nice summary of what the bill will do and how important is will be for our economy.

I found it ironic listening to the things that the member for Parkdale—High Park thought should be in the bill. She added item after item, which to me showed that she recognized that a budget plan needs to be comprehensive. Therefore, would the member for Brampton West perhaps share with the members how it is important to have a comprehensive plan to deal with the economy, and how the bill does just that.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:30 p.m.

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, it is ironic that the opposition says that this piece of legislation has too much in it, but then proposes thousands of amendments to put more things in it. I am not sure I understand the logic of that. We certainly cannot have it both ways.

It does point out exactly what the member has said, that this piece of legislation is an important driver of the economy. It needs to be expansive and include all kinds of things to move the economy forward. That is why we are doing it.

Of course, the most important thing is what is not in it, a $21 billion carbon tax, which is one of the things they would love to stuff in there if they could.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:30 p.m.

NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, indeed, we completely object to this process, because this bill is huge and the process does not allow enough time for debate. Also, there was hardly any consultation.

As for the Navigable Waters Protection Act, what is most troubling is that the Conservatives are placing the burden of responsibility onto citizens, who will have to take developers to court themselves. Meanwhile, developers no longer have to conduct any public consultation and their projects will no longer be subject to environmental assessments, because permits will be automatically granted.

How can the member justify all these decisions, which go against the public interest?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:30 p.m.

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, I am going to explain to my colleague that there are still lots of things left to protect our waterways. I mentioned them in my speech. Perhaps she did not hear them. It is not just necessarily the Navigable Waters Protection Act. There are Transportation Canada's maritime safety laws, the Fisheries Act, the Canadian Environmental Assessment Act, and the Species at Risk Act. All of these things are still going to be there to protect the water in the country. Those are the pieces of legislation that should be doing it, not the Navigable Waters Protection Act.

The important thing that is not in there, and will never be in there, is a $21 billion carbon tax.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:30 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I know my friend from a Etobicoke—Lakeshore would want to be telling the truth in this place. However, he was a bit misinformed. He said that the NDP had put thousands of amendments forward at committee. I want to be clear that we put forward 72 very considered amendments at committee.

Not everything in this bill is bad. That will come as a shock to some members over there. However, I want to go a bit further and talk about what the NDP was looking for. We as a party are focused on what we think are the real priorities for families in Canada, which, obviously, are jobs, health care, pensions and protecting our environment. When we look at Bill C-45, we see aspects of those areas that are being infringed upon or even destroyed in some respects.

We only need to look at what happened with environmental assessment between Bill C-38 and Bill C-45. I have been told that in the past approximately 5,000 environmental assessments were conducted each year, whereas now there would be roughly 40. If the Conservatives had a legitimate concern with environmental assessments, maybe that would warrant an adjustment but not a hundredfold decrease. What is lacking here is common sense, which does not appear to be common here anymore.

The NDP believes in rewarding people who create jobs. In our last platform, we had rewards for people who employed new workers for a year. I know that sounds contrary to the rhetoric we have heard, particularly in the speech by the member for Winnipeg North.

The OECD's best practices for budget transparency states that draft budgets should be submitted to Parliament no less than three months prior to the start of the fiscal year. It also notes that budgets should include a detailed commentary on each revenue and expenditure program, the comparative information on actual revenue expenditure during the past year, and a forecast going forward. If some of that had been contained within the 400 to close to 1,000 pages that we have gone through with respect to Bill C-38 and Bill C-45, there might have been a different response.

We were troubled this past spring when Bill C-38 came before the House and then committee. We were troubled with its content and stated our problems we saw with respect to that, but we were also very troubled by the process. With Bill C-45, we see an extension of the process that is generated when there is an omnibus bill that addresses too many areas and tries to do too much, much of which, we would argue, is not related to budgetary matters. Bill C-38 amended 72 pieces of legislation. I understand that Bill C-45 addresses 70 pieces of legislation.

Let us picture the meetings we had with our six to eight expert witnesses, good souls who gave up their time to come and provide testimony at committee. Each member had five minutes to ask a question. From those six to eight people who spoke on different subject matters we had to select who we wanted to hear from. These were witnesses who could cross-converse and offer other testimony. They were witnesses from all over the place. I do not think that offers MPs of all parties the opportunity to proceed with the due diligence that is expected of us in this place by the people who sent us here.

I have argued that, due to the size of the bill and the amount of changes made in such a short period, it was nearly offensive to Parliament. I still stand by that comment. I have said numerous times in this place that committees should be in place to improve legislation. Members should think about that statement. The official opposition brought forward 72 amendments, none of which were frivolous. Other parties chose to bring in thousands, some of which were reasonable. However, the amendments we brought forward were intended to improve this legislation but not one was accepted by the government side.

The problem is the my-way-or-the-highway approach to the governance of our country and to the changing of legislation. The advice that came from many people on issues around the environment, in particular, raised grave concerns. Those concerns, in my opinion, were ignored by the government side. It is difficult when the government is not prepared to give due consideration to the opinions and amendments offered by the other side.

That brings us to a place where we need to face a hard reality. I listened to the member for Winnipeg North go on about how the NDP was hand in glove with the government, trying to politicize the situation. The hard reality is, whether we like it on this side of the House or not, that the government has a majority and in committee it has the ability to shut down the opposition. When we offered our 72 amendments, the Conservatives' decision was that they were not acceptable. No one can tell me that out of the 72 amendments not one amendment could have been accepted. I believe a majority of them were certainly worthy of being accepted.

I was going to say something about the member for Winnipeg North but I do not want to get too partisan. The one comment I will make is that the remarks in that member's speech earlier were vested purely and simply on political rhetoric. We should be past that point in this place.

In its content, Bill C-45 has a large variety of very complex issues. I alluded to that when I talked about expert witnesses. We need to consider, for example, the overhaul of the Canada Grain Act and the changes to the scientific research and experimental development or the SR and ED tax. I thought we had put forward a reasoned amendment. The proposal from the government moved, not necessarily in a bad way, but counter to the advice we were getting from people who testified, so we suggested that the government delay it for five years which would allow Canadian businesses time to plan.

One of the crucial things for businesses today is to plan their cash flow and research and do it in a very careful manner because we are inches away from a potential recession. They know that, they understand that and they realize the risks they face. To my mind, that was a reasonable suggestion on behalf of the official opposition and I am baffled as to why it was not received.

I will now switch to the content of the bill and we think in terms of the areas of responsibility that the committees are tasked with in this place. To my mind, an omnibus bill takes away a committee's ability to offer its opinions, due diligence and evaluation of the portion of this omnibus bill that really belongs in a specific committee, environment being the clearest example I can give, and then it is sent to a different committee, such as the finance committee.

I sit on the finance committee and I am far from an expert on the environment. I go to that committee thinking I can bring something to it. When there are changes to the Canada Grain Act, the Fisheries Act or the Environmental Protection Act, they should be sent to the committees that are tasked with hearing testimony from people with expertise so they can interpret the testimony to the benefit of the bill.

As a result of the fact that I feel this bill is blatantly undemocratic, I will not be supporting it.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:40 p.m.

Ajax—Pickering Ontario

Conservative

Chris Alexander ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, I thank the member for some of the candour and flashes of common sense in his speech. He did admit that there are good measures in the bill. We think all the measures are good. They would give Canadians better, more efficient government and above all a better business environment, one that would bring jobs, growth and long-term prosperity to this country. In fact, they are already bringing those things to this country.

I will ask the member about transparency and candour. We campaigned on this platform, in favour of budgets and action plans such as this. We campaigned to focus on the economy, to bring sector-by-sector change, reform and restructuring, to make Canada's economy stronger and to make our business environment the best in the world.

If our eyes have not failed us, the New Democrats campaigned on implementing a $21 billion carbon tax. Will the hon. member, with some of the candour he has shown, stand up and explain to us what that proposal means and why his colleagues on the opposition benches will not talk about it?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:40 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I am here today to talk about Bill C-45. However, I find it astounding that what we proposed in the 2011 election was precisely what your party proposed in 2008—

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:40 p.m.

The Acting Speaker Barry Devolin

Order, please. I would remind all hon. members to address the Chair with their comments, not their colleagues. I think the point was raised earlier this morning that all Chair occupants are going to be reminding members and enforcing the rule more clearly. Members must refer to colleagues in the third person and address their comments to the Chair.

The hon. member for Hamilton East—Stoney Creek.

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:45 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, thank you and I apologize for that. We do get carried away a bit in this place, probably more than we should.

However, the fact of the matter remains that what we were offering up was precisely what your party has offered up—

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:45 p.m.

Conservative

Chris Warkentin Conservative Peace River, AB

“Your party”, what is this?

Motions in amendmentJobs and Growth Act, 2012Government Orders

November 29th, 2012 / 12:45 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, it is a choice of words. I am not an expert in this.

The Conservative Party of Canada, in 2008, offered the exact same thing as we did in our platform. If the member is going on about whatever it costs, he had better check back because that is what he was suggesting.